#THE ORIENTAL GAS COMPANY 
_________

##ARRANGEMENT OF SECTIONS 
_________ 

PREAMBLE. 

SECTIONS 

1. Power to break up streets, etc., under superintendence, and to open drains.

2. Not to enter on private land without consent.

3. Notice to be served on persons having control, etc., before breaking up streets or opening drains.

4. Streets or drains not to be broken up except under superintendence of persons having control of the 
same. If persons having the control, etc., fail to superintend, Company may  proceed  with  the 
work.

5. Streets broken up to be reinstated without delay.

6. Penalty for delay in reinstating streets.

7.  In  case  of  delay,  other  parties  may  reinstate,  and  recover  the  expenses.  Expense  how  to  be 
ascertained and recovered.

8. Power to enter buildings for ascertaining quantity of gas consumed.

9. Recovery of rent due for gas. 

10. Power to take away pipes when supply of gas discontinued. 

11. Meters not liable to distress for rent, etc. 

12. Penalty for fraudulently using gas. 

13. Penalty for wilfully damaging pipes. 

14. Satisfaction for accidentally damaging pipes. 

15. Penalty for causing water to be corrupted. Daily penalty during the continuance of the offence. 

16. Daily penalty during escape of Gas after notice. 

17. Penalty if water be fouled by Gas. 

18. Power to examine Gas-pipes to ascertain cause of water being fouled. 

19. Expenses to abide result of examination. 

20. How expenses to be ascertained. 

21. Liability to indictments for nuisance. 

22. Copies of the original Deed of Association and of all rules, etc., to be kept for inspection at the 
office of the Company in Calcutta and in the office of the Registrar of Joint Stock Companies, or 
the Keeper of the Records of the Supreme Court at Fort William. 

23. Service of process. 

24. Recovery of penalties, etc. 

25. Levy by distress. 

26. No distress unlawful for want of form, etc. 

27. Interpretation. 



#THE ORIENTAL GAS COMPANY 

##ACT NO. 5 OF 1857 

[13th February, 1857.] 

An Act to confer certain powers on the Oriental Gas Company, Limited.

**Preamble.**—WHEREAS a Joint Stock Company has been lately formed for the purpose of introducing 
Gas-works  into  India,  which  Company  having  been  completely  registered  in  England  under  the  Act  of 
Parliament of the eighth year of the reign of Her present Majesty, Cap. 110, has since been registered in 
England under “The Joint Stock Companies’ Act, 1856”, with limited liability, and has duly obtained a 
certificate of Incorporation under the name of the Oriental Gas Company, Limited; and whereas the said 
Company has erected Gas-works on land granted for that purpose by Government in the vicinity of the 
Town of Calcutta, and is engaged in the preparation of apparatus and materials for the manufacture and 
supply of Gas for lighting the said Town; and whereas it is expedient that powers and facilities should be 
given  to  the  said  Company  to  enable  them  to  carry  out  their  undertaking  of  lighting  with  Gas  the  said 
Town  of  Calcutta,  which  powers  and  facilities  may  hereafter  be  extended  to  the  operations  of  the  said 
Company in other towns and places; It is enacted as follows:— 

1. **Power to break up streets, etc., under superintendence, and to open drains.**—In the Town of 
Calcutta and its environs, and in any other town or place to which the provisions of this Act may hereafter 
be  extended,  by  a  law  to  be  passed  for  that  purpose,  the  Oriental  Gas  Company,  Limited,  under  such 
superintendence as is hereinafter specified, may open and break up the soil and pavement of the several 
streets and bridges, and may open and break up any sewers, drains, or tunnels within or under such streets 
and  bridges,  and  lay  down  and  place  within  the  same  limits  pipes,  conduits,  service-pipes,  and  other 
works, and from time to time repair, alter, or remove the same, and also make any sewers that may be 
necessary for carrying off the washings and waste liquids which may arise in the making of the Gas; and, 
for  the  purposes  aforesaid,  may  remove  and  use  all  earth  and  materials  in  and  under  such  streets  and 
bridges; and they may in such streets erect any pillars, lamps, and other works, and do all other acts which 
the said Company shall from time to time deem necessary for supplying Gas to the inhabitants of the said 
Town of Calcutta and its environs, or other town or place as aforesaid, doing as little damage as may be in 
the  execution  of  the  powers  hereby  granted,  and  making  compensation  for  any  damage  which  may  be 
done in the execution of such powers. 

2. **Not to enter on private land without consent.**—Provided  always,  that  nothing  herein  shall 
authorise or empower the said Company to lay down or place any pipe or other works into, through, or 
against any building, or in any land not dedicated to public use, without the consent of the owners and 
occupiers thereof;  except  that the  said  Company  may  at  any  time  enter  upon  and  lay  or  place any  new 
pipe in the place of an existing pipe, in any land wherein any pipe has been already lawfully laid down or 
placed in pursuance of this Act, and may repair or alter any pipe so laid down. 

3. **Notice  to  be  served  on  persons  having  control,  etc.,  before  breaking  up  streets  or  opening 
drains.**—Before the said Company proceed to open or break up any street, bridge, sewer, drain, or tunnel, 
they shall give to the Municipal Commissioners for the Town of Calcutta, or other persons under whose 
control or management the same may be, or to their Clerk, Surveyor, or other officer, notice in writing of 
their intention to open or break up the same, not less than three clear days before beginning such work; 
except in cases of emergency arising from defects in any of the pipes or other works, and then so soon as 
is possible after the beginning of the work, or the necessity for the same shall have arisen.

4. **Streets or drains not to be broken up except under superintendence of persons having control 
of the same. If persons having the control, etc., fail to superintend, Company may proceed with the 
work.**—No such street, bridge, sewer, drain, or tunnel shall, except in the cases of emergency aforesaid, 
be  opened  or  broken  up,  except  under  the  superintendence  of  the  persons  having  the  control  or 
management  thereof,  or  of  their  officer,  and  according  to  such  plan  as  shall  be  approved  of  by  such 
persons or their officer, or in case of any difference respecting such plan, then according to such plan as 
shall be determined by a Magistrate; and such Magistrate may, on the application of the persons having 
the control or management of any such sewer or drain, or their officer, require the said Company to make 
such temporary or other works as they may think necessary for guarding against any interruption of the 
drainage during the execution of any works which interfere with any such sewer or drain:

Provided  always  that,  if  the  persons  having  such  control  or  management  as  aforesaid,  and  their 
officer, fail to attend at the time fixed for the opening of any such street, bridge, sewer, drain, or tunnel, 
after having had such notice of the said Company’s intention as aforesaid, or shall not propose any plan 
for  breaking  up  or  opening  the  same,  or  shall  refuse  or  neglect  to  superintend  the  operation,  the  said 
Company may perform the work specified in such notice without the superintendence of such persons or 
their officer. 

5. **Streets broken up to be reinstated without delay.**—When the said Company open or break up 
the road or pavement of any street or bridge, or any sewer, drain, or tunnel, they shall, with all convenient 
speed, complete the work for which the same shall be broken up, and fill in the ground, and reinstate and 
make good the road or pavement, or the sewer, drain, or tunnel so opened or broken up, and carry away 
the  rubbish  occasioned  thereby;  and  shall  at  all  times,  whilst  any  such  road  or  pavement  shall  be  so 
opened or broken up, cause the same to be fenced and guarded, and shall cause a light, sufficient for the 
warning of passengers, to be set up and maintained against or near such road or pavement where the same 
shall be open or broken up, every night during which the same shall be continued open or broken up; and 
shall  keep  the  road  or  pavement  which  has  been  so  broken  up  in  good  repair  for  three  months  after 
replacing  and  making  good  the  same,  and  for  such  further  time,  if  any,  not  being  more  than  twelve 
months in the whole, as the soil so broken up shall continue to subside.

6. **Penalty for delay in reinstating streets.**—If  the  said  Company  open  or  break  up  any  street  or 
bridge, or any sewer, drain, or tunnel, without giving such notice as aforesaid, or in a manner different 
from  that  which  shall  have  been  approved  of  or  determined  as  aforesaid,  or  without  making  such 
temporary or other works as aforesaid, when so required, except in the cases in which the said Company 
are  hereby  authorised  to  perform  such  works  without  any  superintendence  or  notice;  or  if  the  said 
Company  make  any  delay  in  completing  any  such  work,  or  in  filling  in  the  ground  or  reinstating  and 
making good the road or pavement, or the sewer, drain, or tunnel so opened or broken up, or in carrying 
away the rubbish occasioned thereby; or if they neglect to cause the place where such road or pavement 
has been broken up to be fenced, guarded, and lighted, or neglect to keep the road or pavement in repair 
for  the  space  of  three  months  next  after  the  same  shall  have  been  made  good,  or  such  further  time  as 
aforesaid, they shall forfeit to the persons having the control or management of the street, bridge, sewer, 
drain, or tunnel, in respect of which such default is made, a sum not exceeding fifty rupees for every such 
offence, and they shall forfeit an additional sum not exceeding fifty rupees for each day during which any 
such delay as aforesaid shall continue after they shall have received notice thereof.

7. **In case of delay, other parties may reinstate,  and  recover the  expenses. Expense  how to  be 
ascertained and recovered.**—If any such delay or omission as aforesaid take place, the persons having 
the control or management of the street, bridge, sewer, drain, or tunnel, in respect of which such delay or 
omission shall take place, may cause the work so delayed or omitted to be executed; and the expense of 
executing the same shall be repaid to such persons by the said Company; and the amount of such expense 
shall, in case of any dispute about the same, be ascertained and recovered in Calcutta and in any other 
town or place subject to the jurisdiction of any of Her Majesty’s Courts of Judicature, in the manner in 
which expenses are ascertained and recovered under Act 14 of 18561, and in any town or place not within 
the jurisdiction of any of Her Majesty’s Courts, in the same manner as damages are recoverable under this 
Act. 

8. **Power to enter buildings for ascertaining quantity of gas consumed.**—The Clerk, Engineer, or 
other officer duly appointed for the purpose by the said Company, may, at all reasonable times, enter any 
buildings or place lighted with Gas supplied by the said Company, in order to inspect the meters, fittings, 
and  works  for  regulating  the  supply  of  Gas,  and  for  the  purpose  of  ascertaining  the  quantity  of  Gas 
consumed or supplied; and if any person hinder such officer as aforesaid from entering and making such 
inspection  as  aforesaid  at  any  reasonable  time,  he  shall,  for  every  such  offence,  forfeit  to  the  said 
Company a sum not exceeding fifty rupees.

9. **Recovery of rent due for gas.**—If  any  person  supplied  with  Gas,  or  any  person  to  whom  any 
meter or fitting shall have been let for hire by the said Company, neglect to pay the rent due for the same 
to the said Company, the said Company may stop the Gas from entering the premises of such person, by 
cutting off the service-pipes, or by such means as the said Company shall think fit, and recover the rent 
due  from  such  person,  together  with  the  expenses  of  cutting  off  the  Gas,  by  action  in  any  Court  of 
competent jurisdiction.

10. **Power to take away pipes when supply of gas discontinued.**—In all cases in which the said 
Company  are  authorised  to  cut  off  and  take  away  the  supply  of  Gas  from  any  house  or  building  or 
premises  under  the  provisions  of  this  Act,  the  said  Company,  their  agents  or  workmen,  after  giving 
twenty-four hours’ previous notice to the occupier, may enter into any such house, building, or premises, 
between the hours of nine in the forenoon and four in the afternoon, and remove and carry away any pipe, 
meter, fittings, or other works, the property of the said Company. 

11. **Meters not liable to distress for rent, etc.**—Any  meter  or  fitting  let  for  hire  by  the  said 
Company shall not be subject to distress for rent or revenue or any rate due upon the premises where the 
same  may  be  used,  nor  be  taken  in  execution  under  any  process  of  a  Court  of  law  or  equity,  or  any 
proceeding in insolvency against the person in whose possession the same may be. 

12. **Penalty for fraudulently using gas.**—Every person who shall lay, or cause to be laid, any pipe to 
communicate with any pipe belonging to the said Company, without their consent, or shall fraudulently 
injure  any  such  meter  as  aforesaid,  or  who,  in  case  the  Gas  supplied  by  the  said  Company  is  not 
ascertained by meter, shall use any burner other than such as has been provided or approved of by the said 
Company, or of larger dimensions than he has contracted to pay for, or shall keep the lights burning for a 
longer time than he has contracted to pay for, or shall otherwise improperly use or burn the Gas, or shall 
supply any other person with any part of the Gas supplied to him by the said Company, shall forfeit to the 
said Company the sum of fifty rupees for every such offence, and also the sum of twenty rupees for every 
day such pipe shall so remain, or such works or burner shall be so used, or such excess be so committed 
or continued, or such supply furnished; and the said Company may take off the Gas from the house and 
premises  of  the  person  so  offending,  notwithstanding  any  contract  which  may  have  been  previously 
entered into. 

13. **Penalty for wilfully damaging pipes.**—Every  person  who  shall  wilfully  remove,  destroy,  or 
damage any pipe, pillar, post, plug, lamp, or other work of the said Company for supplying Gas, or who 
shall  wilfully  extinguish  any  of  the  public  lamps  or  lights,  or  waste  or  improperly  use  any  of  the  Gas 
supplied  by  the  said  Company,  shall,  for  each  such  offence,  forfeit  to  the  said  Company  any  sum  not 
exceeding fifty rupees, in addition to the amount of the damage done. 

14. **Satisfaction for accidentally damaging pipes.**—Every  person  who  shall  carelessly  or 
accidentally break, throw down, or damage any pipe, pillar, or lamp belonging to the said Company, or 
under  their  control,  shall  pay  such  sum  of  money  by  way  of  satisfaction  to  the  said  Company  for  the 
damage done, not exceeding fifty rupees, as any Magistrate shall think reasonable.

15. **Penalty for causing water to be corrupted. Daily  penalty  during  the  continuance  of  the 
offence.**—If the said Company shall at any time cause or suffer to be brought, or to flow into any stream, 
reservoir, aqueduct, pond, or place for water, or into any drain communicating therewith, any washing or 
other  substance  produced  in  making  or  supplying  Gas,  or  shall  wilfully  do  any  act  connected  with  the 
making or supplying of Gas, whereby the water in any such stream, reservoir, aqueduct, pond, on place 
for water, shall be fouled, the said Company shall forfeit for every such offence a sum not exceeding one 
thousand rupees; and they shall forfeit an additional sum not exceeding five hundred rupees for each day 
during which such washing or other substance shall be brought or shall flow, or the act by which such 
water shall be fouled shall continue, after the expiration of twenty-four hours from the time when notice 
of the offence shall have been served on the said Company, by the person into whose water such washing 
or  other  substance  shall  be  brought  or  shall  flow,  or  whose  water  shall  be  fouled  thereby;  and  such 
penalties shall be paid to such last-mentioned person.

16. **Daily penalty daring escape of Gas after notice.**—Whenever any  Gas shall  escape  from  any 
pipe, laid down or set up by or belonging to the said Company, they shall, immediately after receiving 
notice thereof in writing, prevent such Gas from escaping; and in case the said Company shall not, within 
twenty-four hours next after service of such notice, effectually prevent the Gas from escaping, and wholly 
remove the cause of complaint, they shall for every such offence forfeit the sum of fifty rupees for each 
day during which the Gas shall be suffered to escape, after the expiration of twenty-four hours from the 
service of such notice.

17. **Penalty if water be fouled by Gas.**—Whenever any water shall be fouled by the Gas of the said 
Company, they shall forfeit to the person whose water shall be so fouled for every such offence a sum not 
exceeding two hundred rupees, and a further sum, not exceeding one hundred rupees, for each day during 
which the offence shall continue, after the expiration of twenty-four hours from the service of notice of 
such offence. 

18. **Power  to  examine  Gas-pipes  to  ascertain  cause  of  water  being  fouled.**—For the purpose of 
ascertaining whether such water be fouled by the Gas of the said Company, the person to whom the water 
supposed to be fouled shall belong, may dig up the ground, and examine the pipes, conduits, and works of 
the said Company; provided that such person, before proceeding so to dig and examine, shall give twenty-
four hours’ notice in writing to the said Company of the time at which such digging and examination is 
intended to take place, and shall give the like notice to the persons having the control or management of 
the  road,  pavement,  or  place  where  such  digging  is  to  take  place,  and  they  shall  be  subject  to  the  like 
obligation of reinstating the said road and pavement, and the same penalties for delay, or any nonfeasance 
or misfeasance therein, as are hereinbefore provided with respect to roads and pavements broken up by 
the said Company, for the purpose of laying their pipes. 

19. **Expenses to abide result of examination.**—If upon any such examination it appears that such 
water  has  been  fouled  by  any  Gas  belonging  to  the  said  Company,  the  expenses  of  the  digging, 
examination, and repair of the street or place disturbed in any such examination shall be paid by the said 
Company; but if upon such examination, it appear that the water has not been fouled by the Gas of the 
said Company, the person causing such examination to be made, shall pay all such expenses, and shall 
also  make  good  to  the  said  Company  any  injury  which  may  be  occasioned  to  their  works  by  such 
examination. 

20. **How expenses to be ascertained.**—The amount of the expenses of every such examination and 
repair, and of any injury done to the said Company, shall, in case of any dispute about the same, together 
with  the  costs  of  ascertaining  and  recovering  the  same,  be  ascertained  and  recovered  in  the  manner 
prescribed for the ascertainment and recovery of expenses in section 7 of this Act. 

21. **Liability to indictments for nuisance.**—Nothing  in  this  Act  contained  shall  prevent  the  said 
Company from being liable to an indictment for nuisance, or to any other legal proceedings to which they 
may be liable in consequence of making or supplying Gas. 

22. **Copies of the original Deed of Association and of all rules, etc., to be kept for inspection at 
the office of the Company in Calcutta and in the office of the Registrar of Joint Stock Companies, 
or the Keeper of the Records of the Supreme Court at Fort William.**—A copy of the original Deed of 
Association  of the  said  Company,  and  of  every  other  instrument  registered  under  the  said  “Joint  Stock 
Companies’ Act, 1856”, as constituting the Regulations of the said Company, and a copy of every special 
resolution of a General Meeting whereby any change shall have been, or at any time shall be made in the 
Regulations of the said Company, shall be kept at the office of the said Company in Calcutta, and shall 
there be open to the inspection of all persons during the usual hours of business of the said office; and a 
copy  of  such  original  Deed  of  Association,  and  of  every  other  such  instrument,  and  of  every  special 
resolution as aforesaid, shall also be deposited by the said Company as soon as it can be done after the 
passing of this Act, or after the making of any such special resolution hereafter to be made, in the office 
of the Registrar of Joint Stock Companies, or, if there be no such officer, in the office of the Keeper of the 
Records of the Supreme Court of Judicature at Fort William[^1], and shall there be filed; and an examined 
copy of any such filed copy as aforesaid, certified by and under the hand of the Registrar of Joint Stock 
Companies,  or  of  the  Keeper  of  the  Records  of  the  said  Supreme  Court,  shall  be  good  and  sufficient 
evidence  of  each  such  original  Deed,  instrument,  or  special  resolution,  in  all  actions,  suits,  and 
proceedings  whatsoever,  whether  civil  or  criminal,  to  be  had  in  any  Court  of  Justice  or  before  any 
Magistrate, or Revenue or other officer, and whether acting judicially or in any proceedings preliminary 
to a judicial inquiry, throughout the territories of the East India Company. 

23. **Service of process.**—All services of mesne or other process, and all notices whatsoever, which, 
by law or by the practice of any Court wherein the said Company shall sue or be sued, are required to be 
made, served, or given for any purpose whatsoever to the said Company, shall and may be made, served, 
and given, in addition to all ways and means by which the same may otherwise be legally made, served, 
and given, by leaving the same addressed to the Managing Agent of the said Company at the office in 
Calcutta of the said Company. 

24. **Recovery of penalties, etc.**—All penalties and forfeitures imposed by this Act, and all damages 
and  expenses  the  recovery  of  which  is  not  specially  provided  for,  may  be  recovered  by  summary 
proceeding before a Magistrate.

25. **Levy by distress.**—All  penalties,  forfeitures,  damages,  and  expenses  adjudged  due  under  this 
Act, if the amount be not otherwise paid, may be levied by distress and sale of the goods and chattels of 
the party liable to pay the same, and the over plus arising from such goods and chattels, after satisfying 
such amount and the expenses of the distress and sale, shall be returned on demand to the party whose 
goods  shall  have  been  distrained;  or  instead  of  proceeding  by  distress  and  sale,  or  in  case  of failure  to 
realise by distress the whole or any part of any penalties, forfeitures, damages, or expenses imposed or 
incurred  under  the  provisions  of  this  Act,  the  person  claiming  such  penalty,  forfeiture,  damage,  or 
expenses, may sue the person liable to pay the same in any Court of competent jurisdiction.

26. **No distress unlawful for want of form, etc.**—No distress levied by virtue of this Act shall be 
deemed unlawful, nor shall any party making the same be deemed a trespasser, on account of any defect 
or want of form in the summons, conviction, warrant of distress, or other proceeding relating thereto, nor 
shall any such party be deemed a trespasser ab initio on account of any irregularity afterwards committed 
by him; but all persons aggrieved by any irregularity may recover full satisfaction for the special damage 
in any Court of competent jurisdiction.

27. **Interpretation.**—The following words and expressions used in this Act shall have the meanings 
hereby  assigned  to  them,  unless  there  be  something  in  the  subject  or  context  repugnant  to  such 
construction (that is to say):—

Words importing the singular number only shall include the plural number; and words importing the 
plural number only shall include also the singular number. 

Words importing the masculine gender shall include females.

The word “person” shall include a corporation, whether aggregate or sole.

The  word  “street”  shall  include  any  square,  court,  or  alley,  highway,  lane,  road,  thoroughfare,  or 
public passage or place. 

The  word  “Magistrate”  shall  include  any  Magistrate  of  Police,  and  any  joint  Magistrate  or  other 
person lawfully exercising the powers of Magistrate, acting at or for the place or district where the matter 
requiring the cognizance of any such Magistrate arises.



[^1]. Now High Court at Calcutta.